State v. Chambers

Norton, J. —

Defendant, on the 16th day of October, 1877, was arrested and brought before E. L. Dalrymple, a justice of the peace of Greene county, on a charge of petit larceny, and on his plea of guilty was fined $10. At the November term, 1878, of the Greene county circuit court, defendant was indicted for the second offense of petit larceny, upon which he was tried and convicted, and his punishment assessed to three years imprisonment in the penitentiary. Motions for new trial and in arrest of judgment having been overruled, he appeals to this court.

It appearing on the trial that the…